Industrial Commission v. Davis

The legal question presented is within a very narrow compass. It is whether the record of the Industrial Commission, showing its finding and order for compensation for injuries sustained by a claimant, may be pleaded and introduced in evi dence in a subsequent proceeding by the dependents of such former claimant wherein they seek compensation for his death.

The trial court answered that question in the negative, and rejected the proffered evidence. The Court of Appeals held it was admissible. The theory upon which it was held to be competent seems to be that in each instance the Industrial…